As reported by the Assembly Environment and Solid
Waste Committee on February 10, 2011, with amendments.

An Actconcerning blue roofs and green roofs and
supplementing P.L.1981, c.32 (C.40:55D-93 et seq.) and Titles 13 and 58 of the
Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Within one year
after the date of enactment of this act, the Department of Environmental
Protection shall adopt rules and regulations, pursuant to the “Administrative
Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to require 1, unless
demonstrated to the department by an applicant to be unfeasible,1 any new
development to incorporate blue roof or green roof technologies to limit the
release rate of stormwater runoff.

b. As used in this section:

1“Applicant”
means the same as the term is defined in section 2 of P.L.1993, c.361
(C.13:1D-121).1

“Blue roof” means a roof
constructed with mechanical controls that drain stormwater, including but not
limited to gravel beds, perforated pipes, rooftop detention systems, or weirs, designed
to improve stormwater management.

“Development” means the
division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of
any building or structure, any mining excavation or landfill, and any use or
change in the use of any building or other structure, or land or extension of
use of land, for which permission is required pursuant to the “Municipal Land
Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.), but shall not include
agricultural development.

“Green roof” means a roof that
includes, among other things, a growth medium and a vegetation layer of drought
resistant and hardy plant species, designed to improve stormwater management.

2. a. Within one year
after the date of enactment of this act, the Department of Environmental
Protection shall adopt rules and regulations, pursuant to the “Administrative
Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to incorporate 1, where
feasible,1
the use of blue roofs or green roofs into storm water management plans and
storm water management ordinances, as established or adopted by a storm water management
planning agency.

b. As used in this section:

“Blue roof” means the same as
the term is defined pursuant to subsection b. of section 1 of P.L. , c.
(C. ) (pending before the Legislature as this bill).

“Green roof” means the same as
the term is defined pursuant to subsection b. of section 1 of P.L. , c.
(pending before the Legislature as this bill).

“Storm water management
planning agency” means a public body authorized by law to prepare storm water
management plans.

3. a. The Department of
Environmental Protection shall give priority consideration to any application
for a permit, grant, approval, loan application, or other authorization issued
by the department associated with a blue roof or green roof project.

b. Within one year after
the date of enactment of this act, the Department of Environmental Protection
shall adopt rules and regulations, pursuant to the “Administrative Procedure
Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to give priority consideration to any
application for a permit, grant, approval, loan application, or other
authorization submitted for a project that includes the use of a blue roof or
green roof.

c. When developing the
rules and regulations pursuant to subsection b. of this section, the department
shall determine what specific minimum of rainfall on the impervious surface shall
be necessary for a project to capture in order for an applicant to be eligible
for priority consideration. The department may request information from an
applicant demonstrating that the project can capture the certain specified
minimum of rainfall.

d. As used in this section:

“Blue roof” means the same as
the term is defined pursuant to subsection b. of section 1 of P.L. , c.
(C. ) (pending before the Legislature as this bill).

“Green roof” means the same as
the term is defined pursuant to subsection b. of section 1 of P.L. , c.
(pending before the Legislature as this bill).